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City Council - 03/04/1975 MINUTES EDEN PRAIRIE CITY COUNCIL "`,',SDAY, 1 ARCH 49 1975 7:30 PM, CITY HALL C.JUNCIL ME74BERS : Mayor D. W. Osterholt, William Bye , Joan Meyers , Sidney Pauly, and Wolfgang Penzel COUNCIL STAFF PRESENT : Acting City Manager John D. Frane, City Attorney Harlan Perbix, and Planner Dick Putnam INVOCATION: Councilman Penzel led audience in The Lord' s Prayer. PLEDGE OF ALLEGIANCE. s 9 ROLL CALL: Councilwomen Meyers and Pauly were absent . I. SWEARING IN CEREMONY FOR JAMES CLARK AS PUBLIC SAFETY OFFICER. The oath of office was administered by City Attorney. Mayor Osterholt gave brief summary of James Clark's qualifications. Mrs. Mildred Clark pinned the badge on her son. II. MINUTES: A. Minutes of Regular Meeting held February 25, 1975. Pg. 19 II.A . add to motion 'to give Park and Rec. Corrunission time to review preliminary plat and make recommendations. " Pg. b, D-4. , add to motion "to give all Council Members chance to be present to act." Pg. 7, V.A. , insert "Congressional" before delegation. Pg. 7, V.B. , insert "representative from Commissioner Ticen' s office" deleting "Commissioner Ticen". Add "Library site and Day Care and Recreational Programming in Briar Hill" to items to be discussed. Bye moved to approve minutes as published and corrected, Penzel seconded. Motion carried unanimously. III. PUBLIC HEARINGS: A. Red Rock Hills PUD by John Houston requesting rezoning from Rural to R1-1 and preliminary plat approval for aDproxi- mately s.f. lots. Ordinance No. 284 and Resolution No, 941. Mr. Putnam stated the major difference in this presentation from prior one was the addition of small_ scale recreation space and access to playfields. Mr. Houston explained how lots were changed in depth and roads moved to make room for playfields. Stated he is against the mini-park for a number of reasons such as FHA does not think it is necessary, would be a nuisance, and opposed to homeowners* association in this small development. Minutes -2- March k, 1975 jy III. PUBLIC HEARINGS: ( Cont' d. ) A. Mr. Peterson of Edenvale stated he knows the FHA is opposed to homeowners' associations on a small basis. Mr. Bye stated his surprise at Park and Rec. Commission's k recommendations. , Penzel moved to continue to March 11, 1975 Council Meeting r` as there were not enough Council members present to vote on rezoning issue. Bye seconded. Motion carried unani- Ir mously. Penzel moved to continue matter of Resolution No. 941s preliminary plat approval, until March 11, 1975 so all Council members can be present to act. Bye seconded. Motion carried unanimously. B. Family Care Homesp Ordinance No. 289, an ordinance estab- a-s ing and regulating Famlly Care-Tomes for the mentally k retarded, mentally ill, physically handicapped, elderly, and individuals needing certain rehabilitation treatment, and amending Ordinance No. 135. Mr. Putnam responded to questions by Council members regarding terminology of Ordinance, purpose of two advisory boards, duties of boards and who they will report to, age y of people to be placed in homes, and how Sector Map was established. Bye moved to adopt 2nd Reading of Ordinance No. 289, with the following additions: (1) that the Sector Map or Study is reviewed and adopted at another date to be established by City Council ( 2) an Ordinance creating the Community Based Services Board be drafted (3 ) suggestions and corrections made by Mr. Penzel be incorporated into Ordinance. Penzel seconded. Motion carried unanimously. C: 4/5 Mini--Sector Study, land use and transportation study for about 55U-a-cres surrounding the County Rd. 4/T.H. 5 Intersection. Resolution No. 957. Penzel moved to continue until March 11, 1975 Council Meeting to enable all Council Members to be present, Bye seconded. Motion carried unanimously. IV. ORDINANCES AND RESOLUTIONS: A. 2nd Readina of Ordinance No. 281, an ordinance controlling rugs, barbituratesp code ne and inhalations of dangerous substances. Penzel moved to approve 2nd Reading of Ordinance No. 281 including corrections made, Bye seconded. Motion carried unanimously. Minute s _ -3- March k, 1975 { IV. ORDINANCES AND RESOLUTIONS : ( Cont ' d. ) B. Resolution No. 9564 providing for the City of Eden Prairie' s participation in the ASAP Program for 1975 and 1976. Mr. Frane presented to Council and responded to questions. Penzel moved to adopt Resolution No. 956, Bye seconded. Motion carried unanimously. y C. Resolution No. 955 , authorizing City Manager or his designate o purchase through State of Minnesota contracts and to sign whatever documents necessary to implement this purchasing procedure. Bye moved to adopt Resolution No. 955 as corrected, Penzel seconded. Motion carried unanimously. V. PETITIONS, REQUESTS AND COMMUNICATIONS : A . Request by Ward Holasek and Alvin Holasek for the right to continue to occupy the and at ryant Lake Park until June 1, 1975. " Mr. Penzel requested Mr. Holasek's technical advice on behalf of the City. Mr. Holasek replied he will be happy to be of help. . Bye moved to approve Messrs. Holasek's request for an extension of one month' s occupation of said property per Mr. Jessen' s memo dated February 27, 1975 and the extension be rent-free , Penzel seconded. Motion carried unanimously. VI. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS: A . Report of City Engineer. 1. Receive feasibility report for upgrading on Scenic ei is oa .t . Penzel moved to continue to March 11, 1975 for further engineering study and report, Bye seconded. Motion carried unanimously. 2. Receive feasibility re " ort for road and utility construc- 1on on mast-vest ParkwayI*G. 51-27T. Penzel moved to continue to March 11, 1975 for further engineering study and reportp Bye seconded. Motion carried unanimously. 4 • i Minutes --4- March 4# 1975 VI. REPORTS OF OFFICERS , BOARDS AND COM-IISSIONS : (Cont' d. ) B. Report of Planning Director. 1. Discussion of MCA Development Ordinance . Bye moved to continue until March 11, 1975 to enable all Council Members to be present# Penzel seconded. Motion carried unanimously. r 2. Ordinance No . 135 changes for Industrial. Districts . to c arir on zcedesignations* Penzel moved to continue to April 1, 1975 to allow for staff and attorney report, and Planning Commission recommendation, Bye seconded. I-lotion carried unanimously. 3 Flyin& Cloud Airport Master Plan - interim report. Penzel moved to direct staff publish a public information meeting notice for April 3 , 1975 and notify property owners, Bye seconded. Motion carried unanimously. ; C. Report of Finance Director. 1. Clerk's License List . f Penzel moved to approve Clerk' s License List# Bye seconded. Motion carried unanimously. VII. XnE l BUSINESS: A. Consideration of Council Members on Boards and Commissions. Bye moved to continue to March 11, 1975 to enable all Council Members to be present, Penzel seconded. Motion carried unanimously. Penzel moved to place matter of Kingston Drive traffic study on agenda for March 119 1975, Bye seconded. Motion carried unanimously. • Perbix brought Council up to, date on McKinnon property court case. Mr. Frane requested Council approve resolution for bond sale for April 3 , 3-975 in amount of 2.5 or 3 million dollars. Bye moved to approve resolution for bond sale April 3, 1975, Penzel seconded. Motion carried unanimously. VIII. ADJOURNMENT. Penzel moved to adjourn at 9:22 PM, Bye seconded. Motion carried unanimously.